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ROBEY v. SCHWAB

Nos. 16660 and 16661.

307 F.2d 198 (1962)

Ralph ROBEY et al., Appellants, v. James E. SCHWAB et al., as Members of the Board of Zoning Adjustment, et al., Appellees. WOODLEY HILL AREA HOME OWNERS ASSOCIATION et al., Appellants, v. Samuel SCRIVENER, Jr., et al., as Members of the Board of Zoning Adjustment, District of Columbia, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1962.

Petition for Rehearing Denied July 16, 1962.

Attorney(s) appearing for the Case

Mrs. Louise Roe Smethurst, Washington, D. C., with whom Mr. Raymond S. Smethurst, Washington, D. C., was on the brief, for appellants in No. 16660.

Mr. John Wattawa, Washington, D. C., for appellants in No. 16661.

Mr. John R. Hess, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellees, Board of Zoning Adjustment and Ilgenfritz.

Mr. John L. Hamilton, with whom Mr. George E. Hamilton, III, Washington, D. C., was on the brief, for appellee O'Boyle.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Complaints were filed by appellants [plaintiffs] in the District Court seeking injunctive and mandatory relief from a decision and order of the Board of Zoning Adjustment which granted a special exception for the construction of a private school in an area zoned as residential. The complaints were consolidated and cross motions for summary judgment were filed by the respective parties. The District Court granted summary judgment in favor of...

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